Personal injury claims must be brought within a specific
period of time following the accident.
This is called the statute of limitations (from the previous page) and it varies for each state.
If you miss this window, there is very little that can be done by you or
an attorney.

It is imperative that you take comprehensive notes following
an accident. Get organized by creating a
file specifically for your case. Since
memories can fade, getting these details down in writing is extremely
important. This will be powerful support
when litigating your case. Your notes
should contain the details of the accident, the injuries you suffered and their
effect of your daily life. You may want
to document how you feel each day and if you have experienced pain, loss of
mobility, sleeplessness, anxiety or depression.

Your file should include police reports, hospital bills and
medical reports from doctors, photos, vehicular repair estimates, and any
written communications to and from your insurance company and the defendant’s
insurance company.

Notify the Insurance Company

You should immediately notify all insurance carriers. In the case of an automobile accident, you
need to inform both your insurance company and that of the other party of your
intent to file a personal injury claim.

Physical Evidence

Physical evidence can act as proof in determining
liability. It may also provide insight
into the degree of your injuries. At the
scene of the accident, there are many details you need to capture. These might include weather conditions, road
and traffic conditions, the speed and direction you were traveling at. Make sure to preserve all physical evidence
such as bloody clothes or items that were damaged in the crash, such as a
laptop computer or cell phone, both of which are expensive to replace.

Photos

Pictures can be extremely useful in proving your case. After the accident occurs, and if you are
able, take pictures of everything that will help to establish what
happened. These can include skid marks,
weather and road conditions, damage to your vehicle and any other vehicles
involved in the collision. If you aren’t
able to take pictures at the scene, you may want to return a few days later to
do this. Pictures should be taken from a
variety of viewpoints and during the same time of day that the events occurred
in order to recreate the scene as realistically as possible.

It’s also important to take photos of your injuries which
may includes cuts, bruises, marks and swelling.
If you are hospitalized, have someone take pictures of you showing the
extent of your injuries.

Determine Who is Responsible

Nearly every accident is somebody’s fault due to negligence
or carelessness. Determining liability
is a way to establish who is legally responsible. It may depend on the facts leading up to the
accident. If an employee was running an
errand for an employer and got into an accident, the employer may be held
liable. Each state has numerous statutes
and code, which establish the standard of care an individual is held to. The code of conduct for vehicles is commonly
referred to as “The Rules of the Road”. If the driver violated a statue or law,
this may determine who is at fault.

When there is more than one person responsible for an
accident, the law in most states provides that any one of the parties is
responsible. This can be advantageous in
certain situations where one of the liable individuals is insured and the other
is not. You can choose to make your claim
against the insure person for the full amount.

What if the Government is Involved? Tort Claim Acts

If your personal injury case involves a claim against the
local, state or federal government, or an employee of the government, you will
need to follow strict guidelines and procedures when bringing a lawsuit. Most governments have enacted laws, which contain
rules for filing claims against them.
These are called “Tort Claims Acts”.

The Federal Tort Claims Acts is the statute by which the
United States authorized tort suits to be brought against itself. This makes the government liable for injuries
caused by negligent or wrongful acts or omissions of any government employee
while acting within the scope of his office or employment.

There are three major exceptions:

The Feres doctrine, which prohibits suits by military
personnel for injuries sustained during service

The discretionary function, which immunizes the United
States for acts or omissions of employees involved in policy decisions

The intentional tort exception, which precludes suits
against the U.S. for assault and battery, false imprisonment, false arrest,
malicious prosecution, or abuse of process, unless they are committed by
federal law enforcement or investigative officials.

Before an action can be filed under the Federal Tort Claims
Act, an administrative claim must be presented to the government agency
employing the person whose act or omission caused the injury. After an administrative claim is presented to
the appropriate agency, they have six months to either admit or deny the claim.

Notice of Claim

The first thing you need to do is file a “notice of claim”
within 60 days following your injury. If
you fail to file within that time period, you will most likely be ineligible to
obtain compensation for your injuries.
The government then has the opportunity to respond to the notice before
suit is filed. The claim will be either
accepted or denied. If you receive a
denial of your claim, you may still file a lawsuit in an attempt to hold the
government liable through the civil court process.

Decide if You Need legal help

When your injuries are minor and require only minimal
treatment, your damages may not be worth an attorney’s time. Most personal injury attorneys work on a
contingency basis. The amount they get
paid is based on how much they are able to obtain for your case.

If your personal injury suit involves several parties, complex
legal issues, severe or permanent injuries, product liability or a claim
against the government, it’s probably best to seek legal representation.

Contact the Other Parties Insurance Company

When your personal injury case involves another party and
they are insured, you need to contact their insurance company in addition to
your own. Be extremely careful as to
what information you give them as everything can be used against you at a later
date.

Written Communications

Whenever you are involved in any legal process, it’s best to
have documentation that may be used in court or during the mediation process. However, you should only give written
statements to the attorney who is representing you. Never give oral or written statements to the
other person’s insurance company.

Start the Claims Process

The most important aspect when filing a personal injury
claim is to know the total extent of the injuries involved and the monetary
amount that you will be seeking. The
simplest way to settle your dispute is to write a “demand letter”. This is the centerpiece of the insurance
claim negotiation process. Details
should include the following:

Extent of your injuries

Why the other party is legally responsible

Types of medical treatment you received and the amount of
money incurred

Amount of lost income

Other damages that you suffered

The letter should conclude with a demand for payment of a
lump sum to settle the entire claim.
When drafting your demand letter, it’s advised to review all of your
notes from the days and weeks following the accident. Along with your demand letter, you should send
copies of supporting documents, which may include bills from the doctor or hospital,
proof of lost income or any other documentation relevant to your case. A general rule is to request a sum that is
75% to 100% higher than what you would be satisfied with. This will give you room to negotiate with the
insurance company. If you have not
received a response to your demand letter or the proposed settlement is
unacceptable, the next step will be to file a “Summons and Complaint”.

Preparing and Filing A Summons and Complaint

You will need to prepare a summons and complaint that will
be filed with the court. This is a
formal document that you or your attorney will file in order to claim your
legal rights against the other driver.
Included in this document will be the “Cause of Action” which details
the reason you are filing the lawsuit. A
list of damages will need to be itemized which may include; medical bills, lost
wages, property loss or damage, loss of future earnings and any other damages
that are specific to your case. After
paying a small filing fee, the document is filed with the Clerk of the Court
who will assign a case number. All
documents need to be served on the defendant named in the complaint. The individual who serves the complaint must
be over 18 and not a party to the case.
The Sheriff or a licensed process server may be used and they must
complete and sign a proof of service.
The proof of service together with the original Summons and Complaint
must be filed with the court.

Discovery Process

Once the defendant has been made aware of the
fact that they are being sued, both parties begin the discovery process. This entails requesting documents and
information from each other. This often
includes a list of questions, also called “interrogatories”, doctor’s reports,
medical records, and any witness testimony also known as “depositions” which is
when a witness is questioned under oath.
If you have an attorney handling your case, they most likely will have
videotape of these depositions. This can
be a long and complicated process, which could take months or even years
depending on the complexity of the case.